New York City Transit Authority v. New York State Public Employment Relations Board

Full title: IN THE MATTER OF NEW YORK CITY TRANSIT AUTHORITY, Petitioner, v. NEW YORK…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 22, 1998

251 A.D.2d 583 (N.Y. App. Div. 1998)

673 N.Y.S.2d 934

Opinion

June 22, 1998

Adjudged that the determination is confirmed, with one bill of costs, the petition is denied, and the proceeding is dismissed on the merits.

The determination of the New York State Public Employment Relations Board (hereinafter the Board) that the petitioner violated Civil Service Law § 209-a Civ. Serv. (1) (d) when it unilaterally transferred work which had been exclusively performed by members of the Amalgamated Transit Union to nonunit Transit Authority employees was supported by substantial evidence ( see, CPLR 7803; Matter of Niagara Frontier Transp. Auth., 18 PERB ¶ 3083)

We find no reason to disturb the Board's determination as to the appropriate relief to be granted as the result of the petitioner's violation ( see, Civil Service Law § 205 Civ. Serv. [5] [d]).

Thompson, J.P., Santucci, Friedmann and Florio, JJ., concur.